Possessory action in Romania
Real estate litigation lawyer in Romania. Possessory action in Romania
A possessory action in Romania is a legal action through which possession as a factual situation is defended against any disturbance of possession, with the aim of maintaining this situation or regaining possession when it has been lost. The purpose of a possessory action in Romania is not to analyze a right of ownership title but is rather intended to protect the possessor, meaning the person who effectively holds the property, even if they do not have a document that certifies the right of ownership.
In this context, it is important to clarify the difference between a possessor and an owner and how the characteristics of right of ownership are influenced by such a title. In most cases, possession and right of ownership belong to the same person, but they are governed by different rules. Additionally, there may be situations where possession belongs to one person, and the right of ownership to another.
The person who files a possessory action in Romania must meet several requirements regarding the period that must pass from the moment the disturbance of possession occurs, the time the plaintiff has exercised possession over the property, or whether the possession was useful or not.
In other words, a possessory action in Romania is an action through which someone who has possessed a property for at least one year can request the court to remove any disturbance of possession or illegal dispossession, with the possessor also potentially benefiting from compensation for damages suffered.
The Romanian Law Firm Pavel Mărgărit and Associates recommends collaborating with a civil lawyer in Romania or a real estate litigation lawyer in Romania for the drafting and filing of a lawsuit request based on a possessory action in Romania with the competent court and managing all the necessary legal procedures to achieve a favorable outcome. Such a process may involve analyzing relevant documents such as the sale contract, sale and purchase agreement, and ensuring the right of access to property in Romania is respected, especially in land disputes in Romania or other real estate disputes in Romania. Working with real estate lawyers in Romania can ensure that all aspects of possession and ownership are properly addressed.
Real estate lawyers in Romania. Right of ownership
The characteristics of the right of ownership (absolute, perpetual, and exclusive) allow the owner to demand the respect of their right by any person, and no one can disturb possession for the right of ownership without a legal justification.
On the other hand, possession, being a factual situation, may belong to someone other than the owner, such as a tenant, borrower, or another person who, although they do not hold a title of ownership, meets the legal requirements to file a possessory action in Romania. Thus, a person is considered a possessor if they exercise in fact the prerogatives of the right of ownership over a good, acting as a true owner.
In cases of land disputes in Romania or other real estate disputes in Romania, the possessor may not necessarily hold a sale contract or sale and purchase agreement, but they may still have the legal standing to file a possessory action in Romania. Consulting with a civil lawyer in Romania, real estate lawyers in Romania, or a real estate litigation lawyer in Romania can ensure that the right of access to property in Romania and possession are legally protected.
Civil lawyer in Romania. Right of access to property in Romania
The sale contract is a typical example of a situation where ownership is transferred from the seller to the buyer in exchange for a price. Once the sale operation is completed, the buyer should take possession of the property for which the sale and purchase agreement was concluded.
However, conflicts may arise between possession as a factual state and the right of ownership, leading to the initiation of a possessory action in Romania. Such a situation occurs when the seller refuses to deliver possession of the property to the buyer, even if ownership has been transferred through the sale contract, or even if the buyer has taken possession of the property but has not yet registered it in the Land Registry, making the sale opposable to third parties. Other people may disturb the buyer’s possession, for example, by abusive use of the land or blocking access, leading to land disputes in Romania. In such cases, consulting real estate lawyers in Romania or a real estate litigation lawyer in Romania is a crucial step to restore the rights of each party.
Furthermore, possessory actions can also be used to protect the right of access to property in Romania if it is blocked or disturbed. Any disturbance of the right of access to property can directly affect the use of possession and, consequently, lead to legal conflicts, such as land disputes in Romania. The Romanian Law Firm Pavel, Mărgărit, and Associates emphasizes the importance of consulting real estate lawyers in Romania or a civil lawyer in Romania to assist with the drafting of the necessary documents for a possessory action and submitting them on time, following legal procedures.
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Lawyer for sale and purchase agreement. Posessory action in Romania
The action to prevent or remove any disturbance of possession, or to restore the property over which possession has been exercised, must be filed within 1 year from the date the disturbance or dispossession occurred. The 1-year period represents the statute of limitations for a possessory action in Romania, meaning that any claim brought to court on this basis will be dismissed as time-barred.
The Romanian Law Firm Pavel, Mărgărit, and Associates provides legal services at a high professional standard in various areas of practice, including those related to land disputes in Romania. Our team demonstrates a complex understanding of the regulations concerning the possessory action in Romania, offering clear and effective legal solutions to all clients who have requested the services of a civil lawyer in Romania.
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